"Thus it is said that one who knows the enemy and knows himself will not be endangered in a hundred engagements."
Sun Tzu, The Art of War.

War on Terrorism

Thursday, September 27, 2012

Former Employee of New Jersey Defense Contractor Convicted of Exporting Sensitive Military Technology to China

Stole
Trade Secrets from Morris County Company

NEWARK—A federal jury today convicted a
former employee of a New Jersey-based defense contractor of exporting sensitive
U.S. military technology to the People’s Republic of China (PRC), stealing
trade secrets, and lying to federal agents, U.S. Attorney Paul J. Fishman
announced.

Sixing Liu, a/k/a, “Steve Liu,” 49, a
PRC citizen who had recently lived in Flanders, New Jersey, and Deerfield,
Illinois, was taken into custody following the verdict, based on risk of flight
considerations. Sentencing before U.S. District Judge Stanley R. Chesler is
scheduled for January 7, 2013.

“The jury found that in order to promote
himself, Liu took highly sensitive defense information and trade secrets to
China, violating the rules of his company and the laws of this country, and
then lied about it upon his return to the United States,” U.S. Attorney Fishman
said. “We will not tolerate the exploitation of this country’s opportunities
through the theft of our secrets.”

“This specific investigation is
troubling on many levels,” FBI Special Agent in Charge Michael B. Ward said.
“Mr. Liu helped develop technology critical to our military, then took a
computer with that information on an unauthorized trip to China to present at a
conference sponsored by the Chinese government. The United States spends
billions of dollars each year on research and development, and this
‘intellectual capital’ is very attractive to others. If they are able to
acquire this research, they can save billions and quickly develop their own
products to compete against the United States, be it in the world economic
market or on the battlefield.”

“Exporting military weapons and
technical data and the theft of sensitive technology in violation of the Arms
Export Control Act are serious crimes with global consequences,” Andrew McLees,
Special Agent in Charge of Immigration and Customs Enforcement-Homeland
Security Investigations (ICE-HSI) in Newark, said. “Illegal foreign procurement
networks continue to threaten our safety and this conviction reinforces that
HSI has no tolerance for those who try to undermine our nation’s safety and
security.”

“This arrest demonstrates the
determination of Customs and Border Protection’s frontline officers, who work
closely with our law enforcement partners to safeguard the American public from
potential threats,” Robert E. Perez, Director Field Operations, for CBP New
York, said.

The jury convicted Liu of nine of the 11
counts in the second superseding indictment with which he was charged,
including six counts of violating the Arms Export Control Act and the
International Traffic in Arms Regulations, one count of possessing stolen trade
secrets in violation of the Economic Espionage Act of 1996, one count of
transporting stolen property in interstate commerce, and one count of lying to
federal agents. The jury acquitted Liu on two counts of lying to federal
agents.

According to documents filed in the case
and evidence presented at trial:

In 2010, Liu stole thousands of
electronic files from his employer, L-3 Communications, Space and Navigation
Division, located in Budd Lake, New Jersey. The stolen files detailed the
performance and design of guidance systems for missiles, rockets, target locators,
and unmanned aerial vehicles. Liu stole the files to position and prepare
himself for future employment in the PRC. As part of that plan, Liu delivered
presentations about the technology at several PRC universities, the Chinese
Academy of Sciences, and conferences organized by PRC government entities.
However, Liu was not charged with any crimes related to those presentations.

On November 12, 2010, Liu boarded a
flight from Newark Liberty International Airport to the PRC. Upon his return to
the United States on November 29, 2010, agents found Liu in possession of a
non-work-issued computer found to contain the stolen material. The following
day, Liu lied to agents of the Department of Homeland Security about the extent
of his work on U.S. defense technology, which the jury found to be a criminal
false statement.

The U.S. Department of State’s
Directorate of Defense Trade Controls later verified that several of the stolen
files on Liu’s computer contained export-controlled technical data that relates
to defense items listed on the United States Munitions List (USML). Under
federal regulations, items and data covered by the USML may not be exported
without a license, which Liu did not obtain. The regulations also provide that
it is the policy of the United States to deny licenses to export items and data
covered by the USML to countries with which the United States maintains an arms
embargo, including the PRC.

The jury heard testimony that Liu’s
company trained him about the United States’ export control laws and told him
that most of the company’s products were covered by those laws.

After the verdict, Judge Chesler ordered
Liu taken into custody, citing the penalties Liu faces, his ties to the PRC,
and the lack of an extradition treaty with the PRC, among other reasons.

U.S. Attorney Fishman credited special
agents of the FBI, under the direction of Special Agent in Charge Ward; special
agents of ICE-HSI, under the direction of Special Agent in Charge McLees; and
officers of CBP, under Director of Field Operations Perez, for the
investigation leading to today’s verdict.

The government is represented by
Assistant U.S. Attorney L. Judson Welle of the United States Attorney’s
Office’s National Security Unit and Assistant U.S. Attorney Gurbir S. Grewal of
the United States Attorney’s Office’s Economic Crimes Unit, both in Newark. The
prosecution received valuable support from attorneys of the U.S. Department of
Justice’s National Security Division, Counterespionage Section.